ASHOK KUMAR DAS & ORS. versus UNIVERSITY OF BURDWAN & ORS.

Citation: [2010] 3 S.C.R. 429 · Decided: 16-03-2010 · Supreme Court of India · Bench: MARKANDEY KATJU · Disposal: Dismissed
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Judgment (excerpt)

[2010] 3 S.C.R. 429 
ASHOK KUMAR DAS & ORS. 
v. 
UNIVERSITY OF BURDWAN & ORS. 
(Civil Appeal No. 392 of 2004) 
MARCH 16, 2010 
[MARKANDEY KATJU AND A.K. PATNAIK, JJ.] 
A 
B 
Burdwan University Act, 1981-s. 21(xiii)-Promotions to 
different grades of non-teaching staff-Resolution of the 
Execution Council of the University as regard criteria for C 
promotion-Challenge to-Direction by Division Bench of 
High Court to the University to send proposal in the 
Resolution to State Government for approval-Subsequently, 
approval of Resolution by State Government-On appeal, 
held: As per the wordings of s. 21(xiii), 'with the approval of D 
the State Government', Executive Council of the University 
could determine the terms and conditions of services of the 
staff and obtain approval of State Government subsequent/y-
in case, State Government did not grant approval subsequent 
to the Resolution, action taken on the basis thereof, would be 
E 
invalid-On facts, promotions to different grades of non-
tEiaching staff on the basis of the Resolution are valid since 
the Resolution was approved by State Government. 
The promotions to different grades of non-teaching 
staff of the University were being done on the basis. of 
F 
seniority. On 26.06.1995, the Executive Council of the 
University resolved that the criteria of Seniority-cum-
Efficiency as enunciated in the Government Order dated 
17 .01.1985 would be followed for promotion. The 
appellants filed the writ petition challenging the 
G 
Resolution of the Executive Council of the University. The 
Resolution was set aside and the University was directed 
to re-frame the guidelines for promotion in accordance 
with the Government Order to give promotions to the 
429 
H 
430 
SUPREME COURT REPORTS 
[2010] 3 S.C.R. 
A candidates. The E>ivision Bench of the High Court 
directed the University to send the proposal in the said 
Resolution to the State Government for its approval and 
in case of approval, the University would undertake the 
exercise of promotion of their staff. The direction was 
B carried out and the State Government by its order dated 
10.01.2002 approved the said Resolution. Hence the 
present appeal. 
Dismissing the appeal, the Court 
C 
HELD: The words used in s. 21 (xiii) of the Burdwan 
University Act, 1981 are not "with the permission of the 
State Government" nor "with the prior approval of the 
Stage Government", but "with the approval of the State 
Government". If the words used were "with the 
D permission of the State Government", then without the 
permission of the State Government the Executive 
Couqcil of the University could not determine the terms 
. and conditions of service of non-teaching staff. Similarly, 
if words used were "with the prior. approval of the State 
E Government", the Executive Council of the University 
could not determine the terms and conditions of service 
of the non-teaching staff without .first obtaining the·· 
approval to the State Government. But since the words 
used are "with the approval of the State Government", the 
F 
~xecutive Council of the University could determine the 
terms and conditions of service of non-teaching staff. 
Similarly, if the words used were "with the prior approval 
of the State Government", the Executive Council of the 
University could 11ot determine the terms and conditions 
G . of service of the non-teaching staff without first obtaining· 
the approval of the State Government. But since the 
w.01d.!> use,A are "with the approval of the State 
Gove·rf11Qent""~ :the Executive Council of the University 
could determine the terms and conditions of service of 
the non-teaching staff and obtain the approval of the 
H-
ASHOK KUMAR DAS & ORS. v. UNIVERSITY OF 
431 
BURDWAN & ORS. 
State Government subsequently and in case the State ·A 
Government did not grant approval subsequently, any 
action taken on the basis of the deci.sion of the Executive 
Council of the University would be invalid and not 
c1therwise. Therefore, the promotions to different grades 
of non-teaching staff made by the University on the basis 
B 
c1f the principles laid down in the Resolution of the· 
E:xecutive Council of the University adopted on. 
26.06.1995 are valid as the Resolution has been approved 
. by the State Government on 10.10.2002. [Paras 10 and 11) 
[436-F-H; 437-A-D] 
C 
T.R. Kapur & Ors. v. State of Haryana & Ors. AIR 1987 
·SC 415; Prem Kumar Verma & Anr. v. Union of India & Ors. 
(1998) 5 SCC 457; Union of
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